Man whose wife was mistakenly cremated says new funeral rules not tough enough

The Nova Scotia government has introduced legislation intended to strengthen funeral home oversight and improve the complaint process, but a widower whose wife was mistakenly cremated said Tuesday the changes don't go far enough.

Gary Bennett told reporters while some of the legislation "was in the right direction," more should be done to address transparency within the Nova Scotia Board of Registration of Embalmers and Funeral Directors, including opening hearings to the public.

Bennett's late wife, Sandra, was accidentally cremated by Serenity Funeral Home in Berwick, N.S., in December. The family only found out when they discovered a stranger's body in her casket prior to a planned visitation.

A hearing into the mix-up was announced by the board, but Bennett's family refused to participate after being told they would appear only as witnesses and would not be able to listen to other testimony or ask questions to funeral home staff.

Bennett said he doesn't feel the board had the whole story and it would have benefited from hearing him testify and question Serenity staff.

Hearings will remain closed under the new legislation but the government said it will work with families on a "case-by-case basis" should they want to observe one.

"It's a legal implication for us and we just want to make sure that we're doing this in the most accountable way," Service Nova Scotia Minister Geoff MacLellan told reporters.

Working with families

Rodger Gregg, the registrar of cemetery and funeral services in Nova Scotia, pointed out Ontario is the only province that allows for completely public hearings into funeral home complaints.

"We're committed to working with families to allow them to participate as much as possible following administrative law proceedings."

The changes in Nova Scotia will require board hearing dates, decisions, convictions, fines and penalties to be made public, something that is not in existing legislation.

The government will also add two consumer representatives to the board of registration.

Labels required for remains

As well, the government will require funeral homes and crematoriums to label human remains at all times while in their custody, which some funeral homes already do.

The legislation does not specify the type of label that should be used or how it is to be attached. 

"We're not trying to over-regulate the industry in this instance, but we'll be working with funeral homes," Gregg said.

"We inspect funeral homes regularly and we'll be looking to see what labels are used and if we don't feel it's appropriate, then we'll let the funeral home know."

Adam Tipert, chair of the Board of Registration of Embalmers and Funeral Directors, said the industry standard for labelling of human remains is a fixed bracelet like those used in hospitals.

The government also announced a steep increase in fines for people who work in the industry and own funeral homes.

Those fines will increase to $25,000 from $500 for individuals, and to $300,000 from $500 for businesses.

Any fine would be imposed by the courts after a police investigation, though Gregg noted that fines are "not a common occurrence in Nova Scotia."

Gary Bennett said he's still considering his next steps but he hopes no other family has to experience his family's trauma.

"[It's] something nobody should have to go through and something that never should have happened."